Serticchio v. Gadbois - Emergency Motion Granted
Summary
The Georgia Court of Appeals granted an emergency motion filed by Antony Paul Serticchio in the case Serticchio v. Gadbois. The court directed the clerk of the Superior Court of Columbia County to transmit Serticchio's direct appeal for docketing, addressing his assertion that the clerk refused to transmit the appeal due to unpaid costs despite an affidavit of indigency.
What changed
The Georgia Court of Appeals has granted an emergency motion in the case of Serticchio v. Gadbois. The motion, filed by Antony Paul Serticchio, requested that the clerk of the Superior Court of Columbia County transmit his direct appeal for docketing. Serticchio claimed the clerk refused to transmit the appeal because he had not paid the bill of costs, despite filing an affidavit of indigency. The Court of Appeals found that Serticchio was entitled to relief under OCGA § 9-15-2 and ordered the clerk to proceed with transmitting the appeal.
This ruling means that the appeal will now be docketed with the Court of Appeals. Legal professionals involved in similar situations where clerks may refuse to transmit appeals due to costs, despite indigency claims, should note this precedent. The immediate action required was for the clerk to transmit the appeal, which has now been ordered.
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March 25, 2026 Get Citation Alerts Download PDF Add Note
Antony Paul Serticchio v. Maranda Gadbois
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26E0167
Disposition: Emergency Motion Granted
Disposition
Emergency Motion Granted
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 25, 2026
The Court of Appeals hereby passes the following order:
A26E0167. SERTICCHIO v. GADBOIS.
Antony Paul Serticchio has filed an emergency motion in this court. He asks
that we order the clerk of the Superior Court of Columbia County to transmit to this
court for docketing his direct appeal from the consent final order entered in his action
for legitimation and custody. He seems to assert that, in spite of his filing an affidavit
of indigency, the superior court clerk refuses to transmit the appeal because he has not
paid the bill of costs.
From the limited materials before us, it appears that Serticchio is entitled to
relief. See OCGA § 9-15-2. Accordingly, his emergency motion is hereby
GRANTED. The clerk of the Superior Court of Columbia County is directed to
transmit to this court for docketing Serticchio’s direct appeal.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/25/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.
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